Illinois Cannabis Regulation and Tax Act explained

State:Illinois
Status:Current
Code:410 ILCS 705

The Cannabis Regulation and Tax Act (Illinois House Bill 1438) is an act legalizing and regulating the production, consumption, and sale of cannabis in Illinois. It was approved by both houses by May 31, 2019 and came into effect January 1, 2020.[1]

It marked the first act of a U.S. state legislature creating a regulated cannabis system (versus a voter initiative as enacted in Colorado, Washington State and California, or an unregulated system as in Vermont or the District of Columbia).[2]

History

Background

State Senator Heather Steans introduced a legalization bill in 2018 that did not pass.[3] In 2018, J. B. Pritzker ran for Governor of Illinois on a platform to legalize cannabis, among other issues, and was elected in November, 2018.[4] A 2017 poll conducted by Illinois Policy Institute showed over 70% support in the state for legalization and regulation.[5]

2019 legislation

Senate Bill 7, a legalization shell bill, was introduced in early April 2019.[6] Provisions of the bill were announced on May 4.[7] SB7 was passed by the Senate May 29.[8] The bill became House Bill 1438. During debates, Rep. Anthony DeLuca reenacted the 1987 This Is Your Brain on Drugs anti-drug PSA on the House floor.[9] [10] [11] HB 1438 was amended and passed by the House of Representatives on May 31.[12] Sponsors of the legislation were Senator Heather Steans and Rep. Kelly Cassidy.[8]

Provisions

Under the act, personal possession of up to 30 grams of cannabis is legal for Illinois residents at least 21 years of age, with lower limits for non-residents.[2]

The bill contains expungement provisions supported by civil liberties advocates.[13] Around 700,000 marijuana-related police records and court convictions are expected to qualify to be erased under the bill.[14] Cases of marijuana possession under 30 grams will automatically be expunged. Cases involving more than 30 grams will require court approval to be expunged.[15]

The bill contains social equity provisions, including license application benefits for social equity applicants and $12,000,000 in funding for social equity programs.[16]

The bill allows for local communities to decide whether or not to allow cannabis-related businesses, collect additional taxes, and establish zoning requirements.

The act created the position of Illinois Cannabis Regulation Oversight Officer within the Illinois Department of Financial and Professional Regulation, and the Adult Use Cannabis Health Advisory Committee within the Illinois Department of Human Services.[17]

Reactions

Clergy for a New Drug Policy supported the bill, as did civil liberties advocates.[13] It was opposed by a group called Healthy and Productive Illinois, associated with Smart Approaches to Marijuana; Illinois Sheriffs' Association and the Illinois Association of Chiefs of Police; and by No Weed Illinois which included Peter B. Bensinger, the former U.S. Drug Enforcement Administration director and Illinois Department of Corrections director, and a group called Marijuana Victims Alliance.[18]

Further reading

External links

Notes and References

  1. News: NPR. Illinois legalizes marijuana and other new state laws in 2020. January 1, 2020.
  2. Illinois Lawmakers Approve Marijuana Legalization . Claire Hansen. 1 June 2019 . U.S. News & World Report.
  3. News: Associated Press. The Cannabist (Denver Post). Illinois lawmakers look at possibility of marijuana legalization. January 24, 2018.
  4. News: Pritzker betting the pot on legalizing marijuana in governor's race. Brown. Mark. January 22, 2018. Chicago Sun-Times.
  5. Web site: Hilary Gowins. March 27, 2017. Illinois Policy Institute. Poll shows 'large majorities' of Illinois voters support legalizing marijuana.
  6. News: Chicago Sun-Times. Illinois Senate committee OKs pot legalization bill without releasing details. Jerry Nowicki. April 5, 2019.
  7. News: Pritzker, Dems introduce bill to legalize marijuana statewide . Chicago Sun-Times. Tom Schuba. May 4, 2019.
  8. News: Illinois Senate approves recreational use of marijuana. May 30, 2019. CBS News.
  9. Web site: Reason. Reason blog. May 31, 2019. Illinois Legislators Pass Pot Legalization Bill; One legislator tried to stop them by reenacting an infamously dumb anti-drug ad. It didn't work.. Zuri Davis.
  10. News: WGN-TV. Chicago. Illinois lawmaker uses egg, frying pan demonstration during recreational marijuana debate. May 31, 2019.
  11. News: The Hill. Illinois state lawmaker uses eggs to demonstrate 'your brain on drugs'. May 31, 2019.
  12. News: Lawmakers Vote To Legalize Marijuana In Illinois. May 31, 2019. CBS Local.
  13. News: Senate to take up cannabis legalization bill today. Capitol Fax. Rich Miller. May 29, 2019.
  14. News: O'Brien . Brendan . Recreational marijuana becomes legal in Illinois on New Year's Day . December 24, 2019 . Reuters . December 24, 2019 . en.
  15. News: McCoppin . Robert . Getting marijuana convictions expunged in Illinois: What you need to know about the process . December 24, 2019 . Chicago Tribune . August 30, 2019.
  16. Web site: Illinois Cannabis Regulation & Tax Act - HB1438. Illinois Cannabis Info. en-US. 2019-09-25.
  17. News: Five things you didn't know were in Illinois weed bill. John Pletz. Crain's Chicago Business. May 20, 2019.
  18. Web site: Opposition | No Weed Illinois.